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Home My WebLink About2013-01-14 - Agendas - Final Planning Commission Planning Commissioners Officers Blake Pennington William Chesser Porter Winston,Chair Matthew Cabe aTyve ev1ile Ryan Noble Kyle Cook,Vice-Chair Craig Honchell Tracy Hoskins Sarah Bunch, Secretary ARKANSAS Tentative Agenda City of Fayetteville, Arkansas Planning Commission Meeting January 14, 2013 A meeting of the Fayetteville Planning Commission will be held on January 14, 2013 at 5:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas. Call to Order Roll Call Agenda Session Presentations. Reports and Discussion Items • Review of draft Wedington Corridor Plan Vision Document: This report documents the process, fundamentals, and implementations steps that were developed as part of the Wedington Corridor Plan. Sustainability and Strategic Planning Director: Peter Nierengarten Consent. 1. Approval of the minutes from the December 10,2012 meeting. New Business 2. ADM 12-4286: Administrative Item (205 W. DICKSON ST./NOMAD'S, 484): Submitted by MITCHELL OWEN for property located at 205 WEST DICKSON STREET. The property contains approximately 0.26 acre and is zoned MSC, MAIN STREET CENTER. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days (Use Unit 2). Planner: Quin Thompson 3. LSP 12-4283: Lot Split (3990 E. MISSION BLVD./PUDE, 296): Submitted by ALAN REID AND ASSOCIATES for property located at 3990 EAST MISSION BOULEVARD. The property is in the PLANNING AREA and contains a total of 3.00 acres. The request is to divide the subject property into two tracts of approximately 0.91 and 2.09 acres. Planner: Jesse Fulcher 4. LSD 12-4275: Large Scale Development(W. CENTER ST. AND S.W. CORNER OF DUNCAN AVE./WEST CENTER,483 & 522): Submitted by JORGENSEN AND ASSOCIATES for properties located on WEST CENTER STREET AND THE SOUTHWEST CORNER OF DUNCAN AVENUE. The properties are zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE AND DG, DOWNTOWN GENERAL and contain approximately 2.75 acres. The request is for 175 multi-family units with a parking deck. Planner: Jesse Fulcher 5. CUP 12-4278: Conditional Use Permit (4107 N. STEELE BLVD./DAMGOODE PIES, 134): Submitted by PATRICK HARRIS for property located at 4107 NORTH STEELE BOULEVARD. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.72 acres. The request is for a conditional use permit for a reduced number of parking spaces. Planner: Quin Thompson 6. R-PZD 12-4284: Residential Planned Zoning District (PARK HILL AT MOUNTAIN RANCH, 478): Submitted by JORGENSEN AND ASSOCIATES for property located at the SW CORNER OF PERSIMMON STREET AND MOUNTAIN RANCH BOULEVARD. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT (R-PZD 09-3253) and contains approximately 2.23 acres. The request is for Zoning, Land Use and Development approval of a Residential Planned Zoning District with 13 single family dwellings. Planner: Andrew Garner 7. RZN 12-4273: Rezone (1400 AND 1500 BLOCKS OF N. DESOTO PL./ABSHIER HEIGHTS, 407): Submitted by BART BAUER for properties located at the 1400 AND 1500 BLOCKS OF NORTH DESOTO PLACE. The properties are zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contain approximately 2.18 acres. The request is to rezone Tract A of the Abshier Heights to RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE. Planner: Andrew Garner The following items have been approved administratively by City staff.• LSP 12-4076: Lot Split (428 N. TANGLE WOOD AVE./GILBREATH, 486): Submitted by MILHOLLAND ENGINEERING & SURVEY CO. for property located at 428 NORTH TANGLE WOOD AVENUE. The property is zoned RMF-6, RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE and contains a total of 2.82 acres. The request is to divide the subject property into two tracts of approximately 1.82 and 1.00 acres. Planner: Andrew Garner LSP 12-4292: Lot Split (LOT 3 OF FOREST HILLS/FOREST HILLS, 440): Submitted by MORRISON- SHIPLEY ENGINEERS, INC. for property located at LOT 3 OF FOREST HILLS R-PZD. The property is zoned R- PZD, RESIDENTIAL PLANNED ZONNING DISTRICT and contains a total of 5.36 acres. The request is to divide the property into four tracts of 1.38, 1.11, 1.03, and 1.83 acres. Planner: Jesse Fulcher NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an agenda item please queue behind the podium when the Chair asks for public comment Once the Chair recognizes you,go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to the point, and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. MINUTES OF A MEETING OF THE PLANNING COMMISSION A regular meeting of the Fayetteville Planning Commission was held on December 10,2012 at 5:30 p.m. in Room 219, City Administration Building in Fayetteville,Arkansas. ITEMS DISCUSSED ACTION TAKEN Consent. MINUTES: November 26,2012 Approved Page 3 Old Business: ADM 12-4262: Administrative Item(2742 N. SHERYL AVE./HENDRIX,291): Page 4 Approved/Denied New Business: LSD 12-4266: Large Scale Development(S.W.CORNER OF N.RUPPLE RD.AND W.WEDINGTON DR./WALGREENS,439): Page 7 Approved Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 1 of 8 MEMBERS PRESENT MEMBERS ABSENT Tracy Hoskins Kyle Cook Sarah Bunch Craig Honchell William Chesser Blake Pennington Porter Winston Ryan Noble Matthew Cabe STAFF PRESENT Glenn Newman Jesse Fulcher Andrew Garner CITY ATTORNEY Kit Williams, City Attorney 5:30 PM-Planning Commission Chairman Porter Winston called the meeting to order. Chairman Winston requested all cell phones to be turned off and informed the audience that listening devices were available. Upon roll call all members were present. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 2 of 8 Consent. Approval of the minutes from the November 26,2012 meeting. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Houchell seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 3 of 8 Old Business: ADM 12-4262: Administrative Item (2742 N. SHERYL AVE./HENDRIX, 291): Submitted by JOE HENDRIX for property located at 2742 NORTH SHERYL AVENUE.The property contains approximately 1.03 acres and is zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE.The request is for variances from the size limitation and water/sewer connection requirements of the Unified Development Code (UDC) Chapter 164.19 for Accessory Dwelling Units. Jesse Fulcher, Current Planner,read the staff report. Jody Hendrix,applicant,stated he didn't think the increase in size would be adverse,have tried to orient the building so that the Starr's (neighbors) wouldn't have a large view of the building. The building has been moved forward to address concerns of neighbors. A fence or additional trees could be added to reduce the view further. The extra space is for family members who visit on holidays. Public comment. Jim McCord,representing the Starr's,stated that the building will have an adverse impact on his clients.The variance will result in his clients seeing a huge wall instead of a wooded lot. The applicant has not met the criteria for a variance. The variance should be denied because it will adversely affect the neighbors. Sarah Starr,neighbor, stated that the building will hurt their property value.The screening would help,but not enough. We purchased our property for the seclusion. Bob O'Connell,neighbor, stated there aren't unique circumstances that justify the variance. The increased size will adversely affect property value and views from my property. Does the conditional use run with the land? Fulcher states that the conditional use runs with the land. The condition of planting additional trees was written somewhat vaguely to allow flexibility in planting location and species. Kent Starr,neighbor,stated that the retaining wall in the pictures is actually on their property.The driveway is slightly over onto the Hudson's property. Commissioner Winston asked about the size of the accessory building and the separate lot. Fulcher stated that the lot was separate out when it was sold to the neighbor back in the 90's.It should have been processed as a property line adjustment, but was treated like a lot split. The applicant will have to resolve this before a building permit will be granted,regardless of the outcome of this request.An accessory building can be built up to 50%the size of the principal structure by right. Commission Hoskins asked for clarification on the size of the building. Fulcher stated that an accessory building is allowed by right and can by as large as 50% the size of the principal building and up to 45 feet tall. Hendrix stated that the house is approximately 4,400 square feet. Commissioner Hoskins asked about processing a tandem lot. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 4 of 8 Fulcher stated that a conditional use request for a tandem lot could be processed and would be back in front of the Planning Commission. Commissioner Hoskins asked the neighbor if they could see this area of the property. Kent Starr stated that they currently see trees in this area. Commissioner Chesser asked staff to restate would is allowed by right to be constructed. Fulcher stated that they applicant can constructed an accessory building up to 50%the size of the house and 45 feet tall. The accessory dwelling unit, though, is limited to 600 square feet. Commissioner Cabe stated they are reviewing what the applicant is requesting,which is a 1,400 square foot accessory dwelling unit. I don't think this meets the standards for size. Commission Cook stated that he was on the City Council when the accessory dwelling unit was passed and the 600 square foot limit was an important part of that ordinance. The size being requested doesn't meet the warrants. Commissioner Honchell asked about occupancy. Kit Williams,City Attorney,stated that the maximum occupancy is two people.It will be difficult to enforce family visits. Commissioner Honchell asked what will prohibit a future owner from violating the conditions of the ordinance. Williams stated that a deed restriction is filled. Bob O'Connell stated that the patio will be approximately I l feet from my property line.I will likely be able to see the roof. Commissioner Chesser asked what an occupant is. Williams stated an occupant is one person. Commissioner Chesser asked what the unique circumstances were. Garner stated that the lot size was unique for the center of the city. Jim McCord asked the commissioners to focus on the variance and that the applicant has not demonstrated a unique circumstance or that it won't adversely affect the neighbors.Please deny the variance. End of public comment. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 5 of 8 Motion#1 to approve: Commissioner Chesser made a motion to approve the variance for a separate water/sewer connection for the ADU (condition#2). Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 9-0-0. (Variance was approved). Motion#2 to deny: Commissioner Cabe made a motion to deny the variance for ADU size (condition#1). Commissioner Cook seconded the motion. Upon roll call the motion passed 8-1-0,with Chesser voting no. (Variance was denied). Motion#3: Commissioner Cabe made a motion to include condition of approval 44 as a requirement of the variance that was approved for the water/sewer connection. Upon roll call the motion passed 8-1-0,with Chesser voting no. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 6 of 8 Planning Commission December 10, 2012 Page 7 of 7 New Business: LSD 12-4266: Large Scale Development(S.W. CORNER OF N.RUPPLE RD. AND W. WEDINGTON DR./WALGREENS,439): Submitted by EB LANDWORKS, INC. for property located at the SOUTHWEST CORNER OF NORTH RUPPLE ROAD AND WEST WEDINGTON approximately 3.85 acres and is zoned C-1, NEIGHBORHOOD COMMERCIAL. The request is for a 14,550 sq. ft. building with associated parking. Andrew Garner, Senior Planner. Gave the staff report. Mandy Bunch, applicant, was present for questions and stated agreement with the conditions of approval. No public commented was presented. Commissioner Hoskins discussed that he doesn't agree with commercial design standards.He asked about the median on Rupple Road and limiting access. Kit Williams,City Attorney,discussed that in his experience and review of case law,medians are not a legal problem he has seen with limiting access because the property owner still has access to the road. Commissioner Hoskins discussed that he felt the determination of commercial design standards should be voted on separately from the entire large scale development. Garner discussed why City planning staff felt that the building met commercial design standards. Motion #1 to approve: Commissioner Chesser made a motion to approve LSD12-4266with all conditions as recommended by staff. Commissioner Honchell seconded the motion. Before Motion#1 was voted on Commissioner Hoskins made a motion to amend Chesser's motion as follows: Motion#2 to amend: Amend Chesser's motion and pull condition#3 (commercial design standards)from the overall motion and make a determination that the building meets commercial design standards except for the west elevation which does not meet the standards. Upon roll call motion#2 failed with a vote of 4-5-0,with Chesser, Cook,Winston, Bunch, and Noble voting `no'. Motion#1: Upon roll call motion#1 to approve the LSD,with all conditions and determinations as recommended by staff,passed with a vote of 9-0-0. There being no further business, the meeting was adjourned at 7:15 PM. Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 7 of 8 Planning Commission January 14,2013 Agenda Item 1 12-10-2012 minutes Page 8 of 8 Tay�et evi leaAKa�$as PC Meeting of January 14, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Fayetteville City Council FROM: Quin Thompson, Current Planner THRU: Jeremy Pate, Development Services Director DATE: December 13, 2012 ADM 12-4286: Administrative Item (205 W. DICKSON ST./NOMAD'S, 484): Submitted by MITCHELL OWEN for property located at 205 WEST DICKSON STREET. The property contains approximately 0.26 acres and is zoned MSC, MAIN STREET CENTER. The request is to allow for a temporary retail structure to remain on the property for longer than 90 days. Planner: Quin Thompson Findings: Property and background: The subject property contains a portion of approximately 0.26 acres located on the corner of Dickson and Church Streets in a parking lot shared with Nightbird Books. On September 19, 2012, the applicant received a permit to operate as a mobile vendor on private property for 90 days under UDC 178.04. Table 1 Surrounding Zoning and Land Use Direction from Site Land Use Zoning North Antiques/US Pizza/Collier Drug MSC,Main Street Center South Green Room Events MSC,Main Street Center East Vacant Office/Parking MSC,Main Street Center West Ni htbird books/coffee MSC,Main Street Center Proposal: The applicant is requesting approval to operate for 12 consecutive months, a variance of the 90-day location restriction. Twelve months is the maximum variance that can be granted under the UDC. Recommended Motion: Staff recommends approval of ADM 12-4286, finding that a mobile food truck will not create an unfair advantage to other similar `permanent' businesses, as the menu and service are unique to this establishment. 1) The extension shall expire twelve months from approval of ADM 12-4256. G:IETODevelopment Services Review120121Development Reviewg2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWfffl6n%W14-8n 20UCommenu and Redlines January 14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 1 of 8 Planning Commission Action: Approved Denied Tabled Motion: Second: Vote: Meeting Date: January 14, 2012 FINDINGS: City of Fayetteville Unified Development Code 178.04 (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. Finding: The applicant is requesting a variance to operate for twelve months; the maximum that can be granted under UDC 178.04. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. Finding: The applicant has notified all adjacent property owners and posted a public notice sign in compliance with section 157.05 of the UDC. (3)A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. Finding: Nomads Natural Plate does not create or worsen a dangerous traffic condition. The business is located in an unused portion of a parking lot operated by an existing business. Nomad's Natural Plate does not improve the appearance of the streetscape, neither does it have negative impact on the street, in staff opinion. Staff is unaware of nearby businesses that will be adversely impacted by the G:I ETCI Development Services Review120121Development Reviewll2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWffR6 n%W14-8n 20UCommenm and Redlines January14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 2 of 8 operation of Nomad's Natural Plate on this site. Staff spoke to Lisa Sharp, owner of Nightbird Books, who indicated that the business has a beneficial effect for her bookstore and coffee shop, through the increased traffic the business draws. Mrs. Sharp also submitted a letter in support of the variance. The letter is contained in the packet. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. Finding: Staff is unaware of nearby eating establishments that would be adversely impacted by the operation of Nomads Natural Plate on this site for an additional twelve (12) month period. Its menu offerings are unique in the area. Fayetteville Unified Development Code 178.04 Outdoor Mobile Vendors Located On Private Property (A)Purpose. This section's purpose is to facilitate and control the ability of outdoor vendors to temporarily operate on private property while ensuring such use is compatible with and not detrimental to nearby properties, does not adversely affect nearby businesses, fosters an aesthetically appealing streetscape, and does not create or worsen a dangerous traffic condition. (B)Requirements. Outdoor Mobile Vendors located on private property shall meet the following requirements and submittals prior to approval: (1) Permit Application. Each application for a permit to conduct an Outdoor Mobile Vendor business shall be accompanied by a $50 permit review and processing fee. (2) Application for a permit to conduct an Outdoor Mobile Vendor business shall include the following items in a format acceptable to the Zoning and Development Administrator: (a) Name, address and contact information. G:IETCIDevelopment Services Review120121Development Reviewll2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWfffl6n%W14-8n 20UCommenm and Redlines January 14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 3 of 8 (b) Type of items sold or services rendered. A change in product or service will require a new permit to be issued. (c) A valid copy of all necessary permits required by State and County health authorities. (d) Proof of application for remittance of HMR tax to the City of Fayetteville. (e) Means to be used in conducting business including but not limited to a description of any mobile device to be used for transport or to display approved items or services. (f) A detailed site plan and written description illustrating the type, location, and dimensions of the mobile vendor business including parking. (g) Written authorization, signed by the property owner or legal representative of record, stating that the transient merchant business is permitted to operate on the subject property. (3) The permit issued shall not be transferable in any manner. (4) The permit is valid for one mobile vendor location only. (5) The proposed use must be a permitted use- by-right within the underlying zoning district in order to be permitted. (6) An Outdoor Mobile Vendor business may be approved by the Planning Division after making the following determinations: (a) All of the requirements of 178.04(B)(2) have been met. G:I ETCI Development Services Review120121Development Reviewll2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWffR6 n%W14-8n 20UCommenm and Redlines January14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 4 of 8 (b) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary occupancy, in one location over a one-year (twelve month) timeframe. Outdoor mobile vendors may move to a different location at least one half mile from the original location after this 90-day period has expired. However, a new Outdoor Mobile Vendor Application will have to be reviewed and approved by the Planning Division for a new location. (8) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number of required parking spaces is determined by the use and size of the proposed transient merchant business, and by the use and size of the existing business. Parking spaces on the property where the outdoor mobile vendor is located shall be paved and striped in order to be utilized. The use of parking for an out door mobile vendor may not reduce the number of spaces necessary for other uses occurring on the property. An adequate number of parking spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an extended period of time, not to G:I ETCI Development Services Review120121Development Reviewll2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWffR6 n%W14-8n 20UCommenu and Redlines January14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 5 of 8 exceed twelve consecutive months, in the same location subject to the following standards: (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing strectscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi- permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. (Ord.5185,10-7-08;Ord.5425,8-2-11;Ord,No.5498 05-01-12) G:I ETCI Development Services Review120121Development Reviewll2-4286 ADM 205 W.Dickson St(Nomad's)103 P1annmWffR6 n%W14-8n 20UCommenas and Redlines January14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 6 of 8 ADM 12-4286 NOMADS Close Up View II I i�---—— SF VY W W Msc Q z i U t Z W z SUBJECT PROPERTY a II f 11 DICKSON ST `Il 1E W I: Q J II J Q i x 1E U j < IPWL = Y O W O m I SPRING ST Legend •••...•-•••• Multi-Use Trail (EA-4) 0 ■ J w Future Trails _ 1 J Q - M12-4iW6 r t,Footprints 2010 — Hillside-Hilltop Overlay District Design Overlay Di trict Design Overlay Di 3trict ------ Planning Area 0 75 150 300 450 600 Fayetteville Feet Planning Commission January 14,2013 Age da Ite 2 ADM 12-4186 Nomad's Page 7 of 8 ADM12-4286 NOMADS One Mile View - RMF-24 N RSFd,P"(E 1Z WIN RSF-0 ¢ , BIR $ RSF4 RSF4 wL-1 O RM MEMOR\ G2 '. i,cGw /2 /, , o sF-0 v1 A SF F-24 HOLLY ST w q�G < " G2 ^TURF-2d RS Fd a 9 - I H r` P RICIA LN RSF4 W 120 RSF Y . c 1' c 1"`:cscs F-24' F RSF4 B A RS M1 •"2 RSF RIF) S'- _ RSF W IIC -1, 'RMF24 RSF4 RSF4 Q W R-0 R-0 aRSRO MF R-G ADAMSST 33FW � ¢ R R-0 J RSF4 RSF4 ¢ W p RSF4 C SF-0BAXT 4 R c HAWTHORN ST R� rev p RSF4 RMF RPID P 1 P MFt24 RSF4 a a J RN ST S RSF4RD RSF4 R 1 RSF4 RSF4 RSF RSF4E RSF4R C2 RSF4 RSF-4 QRS R RSF4 ` PROSPECTST F1 PROSPECT NSF-0PROSPECTST x RSF4 R Fj -R-0 RSF4 RSF-4 RSF4 RSFd P R-0.A-O`RM �CA ST J R d W R R FSOZ LOUISE ST AM— � z F RSFd W Q RSF4 I P iR 0 RSF4 RSF4 RSF-4 RSF4 W. = L '2 N > R 1 4; J ILA RSF4 RS O J RS SUBJECT PROPERTY W a RSFW RSF4 LES 'RSF4 a > T IF GF Z RSFd - e `�MSC 0 RSF4 RSFd RGFd F`2° -1 P-1 !! ��' F$RMF Z O Z RSF4�_ T Q W 2 SUrrO RIF P-1 O RSF4¢ N STT,� H Q MSC MSC MSC M SL GL MSC MSC SUTTO IF1 „1 G ¢ DIC G T LMGL 3RSF4d � j F MSC MS MS-1 MF 4 W MSL Sc MSc MSc MSMSC •?Q ° •3 MSG -?q RM R P ••; MSG C SPRING STc ��+uMF-z9pMF,�4 M 4 MSL M h W MSL a JF RMF24 ' �,.4 Q 91sc MSL Q RMF3,RIII RMF M 4 P-1 "\lRMFp 4 F Ms • MSc J 4) CENTER aT RMF2 `C' ^� NLIN ST RMF- P_i MSCRS MSC MSCMSC. RMF24 MF-24 W., K R-1 BOG BLV sF-0W Ro - c-z a R.1 CAPL O P P-1 01 Ms s F -24 P-' T'm F Sc HS MSC MGC --2 RMFGB R O14IAPT�RIE _ L i 1 t MSc MRPZ SC R-0 3p F ra �ExistiSF lr o I-1 R P'OVIC 987 I-1 P-1 C, RMF 1R QII J ftA CS 1:2P 1•••• Ig R R 4 C RMF-2 P-144 v-'RMF 1TH.ST �_ . Ira ( ting) LIRM TH° RMF2A, Z: Fq' - ••••� RPZG1 RMF24 RMF-23' (n ' 12 .'t�rsi __0 - p.i Its f, i., SFd RMF24 gGRM5.24 .RM. ! 13TH MFY1•._ ,lC RMFlA43 P-1 Overview Legend ADIV 12-4286 1 Subject Property ADM'12 4266 _I Desi n Overlay District - � - - - Boundary _ _ _ Plan iing Area t FayE tteville 0 0.25 0.5 1 Mlesnning Commission Janua 14,2013 Agenda Item 2 ADM 12-4186 Nomad's Page 8 of 8 7ay P �T1� e 1 PC Meeting of January 14, 2013 ARKANSAS THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267 TO: Planning Commission Members FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: January 8, 2013 LSP 12-4283: Lot Split (3990 E. MISSION BLVD./PUDE, 296): Submitted by ALAN REID AND ASSOCIATES for property located at 3990 EAST MISSION BOULEVARD.The property is in the PLANNING AREA and contains a total of 3.00 acres. The request is to divide the subject property into two tracts of approximately 0.91 and 2.09 acres. Planner: Jesse Fulcher Findings: Property and Background: The subject property is located in the Fayetteville Planning Area at 3986 and 3990 E. Mission Boulevard. The front portion of the property is developed with a small commercial building and associated parking. The rear of the property is developed with a single- family home, which has a separate driveway within an existing access easement. Both properties currently have water service. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Single-family Planning Area, 1 Unit/Acre South Single-family Planning Area, 1 Unit/Acre East Single-family Planning Area, 1 Unit/Acre West Single-family Planning Area, 1 Unit/Acre Proposal: The applicant has submitted a lot split application to divide the 3-acre tract into 0.91 and 2.09 acres. Chapter 166.08 of the Unified Development Code provides regulations for residential lots created in the Planning Area,including a minimum width along a public street.The new lot will not have the 75 feet of frontage on a public street as required by Chapter 166.08(I).The front lot will be less than one acre,the minimum required by County zoning.A conditional use permit will have to be approved by the County prior to recordation. Request: The applicant is requesting approval of a variance to create a new lot within the Planning Area without frontage on a public street. The Planning Commission may grant a variance of the development regulations (Chapter 166) as follows: G:IETCIDevelopmem Services Review120120evelopmenl ReviewlLSP 12-4283 Pudel12-Planning Commissionll-14-131Comments wvd Redlines Planning Commission January 14,2013 Agenda Item 3 LSP12-4283 Pude Page 1 of 6 156.03 Development Certain variances of the development regulations may be applied for as follows: (A) General requirements. (1) Undue hardship. If the provisions of Development, Chapter 166, are shown by the developer to cause undue hardship as they apply to this proposed development (including, but not limited to financial, environmental, or regulatory) and that the situation is unique to the subject property, the city Planning Commission may grant a variance, on a temporary or permanent basis, to the development from such provision, so that substantial justice may be done and the public interest secured; provided that the variation will not have the effect of nullifying the intent and purpose of the development regulations. No variance shall be granted for any property which does not have access to an improved street. (The subject property has access to Mission Boulevard) Recommendation: Staff recommends in favor of the variance request, finding the lots already function independently, and are even considered two separate parcels for tax record purposes. Conditions of approval: 1. The 0.91 acre tract shall receive approval from Washington County Planning prior to staff signing the plat for recordation. 2. Right-of-way dedication in the amount of 43.5 feet from centerline shall be dedicated for Mission Boulevard. Planning Commission Action: O Approved O Denied Motion: Second: Vote: Meeting Date: January 14, 2013 G:IETCIDevelopmen!Services Review120120evelopmenl RevieWILSP 12-4283 Pudell2-Planning Commis.sionU-14-131Commenis and Redlines Planning Commission January 14,2013 Agenda Item 3 LSP12-4283 Pude Page 2 of 6 Alan Reid & ASSOCIATES PROFESSIONAL LAND SURVEYORS December 27,2012 City of Fayetteville Planning&Engineering Division Fayetteville,Arkansas 72701 Dear.Planners, On behalf of my clients,Darlene Pude and Rebecca Crawford,I am submitting for your review; a proposed variance to the street frontage requirement outline in the Unified Development Code. Ms.Crawford and Ms.Pude have received approval of a Tract Split application contingent upon this variance being approved.The property in question lies along Highway 45,East of the Fayetteville city limits. One tract,which is home to a dog grooming facility,fronts the highway,leaving the second tract a tandem lot.Although the second tract,which is the location of their home,is cut off from public road frontage, there has been a fifty(50)foot wide deeded easement in place for over twenty-five years. The driveway,located within the easement,which serves the house on the tandem lot has had full and uninterrupted use of this easement. The owners are in the process of selling their property and ask that a variance be granted to them,allowing them more options in the sales process. 'irel�� A Reid Professional Land Surveyor Arkansas Registration 1005 118 S. 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CHEROKEE DR — RSF4 z r.� Fs4 c- I -I = ¢ Pt 1 IS4TTER ST- . 1 ST- IFI .� -_I RSF4 RSF4IJ RSF-0 ( xlsting)RSF-0 L� RSFdI '~�OODL�r o ,.CrWEW �0 SEA40o 1 2 \J P SF- RSF4 PRI xistl Z, District FrpN �c A a Overview Legend LSP 2-4283 r Subject Property ,----- QLSP124283 - - Design Overlay District 1 Boundary _ _ _ Plan iing Area _ FayE tteville 0 0.25 0.5 1 Mlegianning Commission Janua 14,2013 Agenda Item 3 LSP12-4283 Pude Page 6 of 6 Ta e eville ARKANSAS PC Meeting of January 14, 2013 THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Subdivision Committee FROM: Jesse Fulcher, Current Planner Glenn Newman, Staff Engineer THRU: Jeremy Pate, Development Services Director DATE: January 7, 2013 LSD 12-4275: Large Scale Development (W. CENTER ST. AND S.W. CORNER OF DUNCAN AVE./WEST CENTER, 483 & 522): Submitted by JORGENSEN AND ASSOCIATES for properties located on WEST CENTER STREET AND THE SOUTHWEST CORNER OF DUNCAN AVENUE. The properties are zoned RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE AND DG, DOWNTOWN GENERAL and contain approximately 2.75 acres. The request is for 175 multi-family units with a parking deck. Planner: Jesse Fulcher Findings: Property and Background: The subject property is zoned DG, Downtown General and RMF-40, Residential Multi-family, and is bounded by Center Street, Harmon Avenue and Duncan Avenue. This site is currently developed with an apartment complex, triplex and five single- family homes. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning from Site North Residential RMF-40, Residential Multi-family, 40 du/acre South Residential RMF-40,Residential Multi-family, 40 du/acre East Residential DG, Downtown General RMF-40, Residential Multi-family, 40 du/acre West University of Arkansas RMF-24, Residential Multi-family, 24 du/acre Proposal: The request is for Large Scale Development approval to construct a five-story, multi- family development with 175 dwelling units, 480 bedrooms, and a seven-story parking structure. Adjacent Master Street Plan Streets: Center Street (Local), Harmon Avenue (Local), Duncan Street(Local). Right-of-way being dedicated: Additional right-of-way dedication beyond the standard 25 feet from centerline may be required for a turn lane on Center Street, depending on existing conditions. Adequate right-of-way exists for Harmon and Duncan Avenue. Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 1 of 48 Street Improvements. Street improvements are recommended for all adjacent streets. Center Street — Staff recommends that Center Street be improved to provide three travel lanes, including an east bound, west bound and center turn lane. A ten foot sidewalk shall be installed on the south side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. Harmon Avenue — Staff recommends that Harmon Avenue be improved to provide an 8 foot sidewalk on the east side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. Duncan Avenue — Staff recommends that Duncan Avenue be improved to provide a 10 foot sidewalk on the west side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. Intersection (Center and Duncan)— Staff recommends that the existing single head traffic light at Center and Duncan be replaced with a standard four-way traffic signal system, including pedestrian crossing signs and crosswalks at the north and west legs of the intersection. Intersection (Center and Harmon)—Staff recommends that this intersection remain as a two-way stop intersection. Even though the added traffic from the proposed development will likely reduce the level of service for north and south-bound lanes below an acceptable LOS "D" during the AM, school PM and typical PM peak hours, the impact of the development on this intersection is relatively small. Furthermore, the north/south legs of this intersection handle the least amount of traffic between the two intersections. Staff is more concerned with maintaining service levels for Center Street, the primary east/west route that would be negatively impacted if the intersection was converted to a four-way stop condition. Additionally, the signalized intersection of Duncan and Center is just 300 feet to the east, creating an additional stop condition for east/west traffic already. The applicant shall install crosswalks at the north, south and east legs of the intersection, and install lighted pedestrian warning signs, such as Rapid Flash Beacons or LED lighting embedded into the crosswalks. The crosswalk on Center Street shall be fitted with LED lighting to increase visibility. The final location and design shall be approved by city staff prior to construction plan approval. City staff will continue to closely monitor this intersection after development and will install additional traffic control devices if necessary. Tree Preservation: See report from Urban Forester. Parks: Fees in the amount of$74,360 for the proposed 175 units are due prior to the issuance of building permits. Credit is given for the existing 34 multi-family units and 5 single-family units. Parking and Loading: The applicant proposes to construct a seven-level parking garage internal to the site to include 391 parking spaces, 33 motorcycle/scooter spaces, and 100 bike racks. Because the applicant is proposing to utilize a parking garage instead of a parking lot, landscaping requirements, such as tree islands and shrubs, are not required. Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 2 of 48 Urban Residential Design Standards: Staff has completed the review of the proposed elevations for compliance with the Urban Residential Design Standards and finds that the proposal complies with the minimum requirements. Height Variance: The underlying DG, Downtown General and RMF-40 zoning districts restrict building height to 4 stories or 56 feet, which ever is less, or 60 feet, respectively. Building height is measured vertically from the existing natural grade to any part of the structure, excluding appurtenances, such as an elevator shaft, parapet, antennas, chimneys, etc that are usually required to be placed above the roof and not intended for human occupancy. Until recently, the Planning Commission reviewed height variances. However, the zoning code was amended so that height variances are presented to the Board of Adjustment, who should be reviewing variances of the zoning chapter. A variance from the height limit of the Downtown General and RMF-40 zoning districts was approved by the Board of Adjustment on January 7, 2013. Recommendation: Staff recommends approval of LSD 12-4275 with the following conditions: Conditions of Approval: 1. Planning Commission determination of street improvements: a. Center Street: Staff recommends that Center Street be improved to provide three travel lanes, including an east bound, west bound and center turn lane. A ten foot sidewalk shall be installed on the south side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. b. Harmon Avenue: Staff recommends that Harmon Avenue be improved to provide an eight foot sidewalk on the east side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. The final striping plan shall be approved by staff prior to construction plan approval. c. Duncan Avenue: Staff recommends that Duncan Avenue be improved to provide a ten foot sidewalk on the west side of the street with tree wells and street lights, as well as new curb and gutter and storm drains. d. Intersection (Center and Duncan) — Staff recommends that the existing single head traffic light at Center and Duncan be replaced with a standard four-way traffic signal system with video monitoring system. Improvements shall also include pedestrian crossing signs and crosswalks at the north and west legs of the intersection. Pedestrian crossing warning sign(s) shall be installed east of the intersection to increase motorist awareness of the upcoming crosswalks. e. Intersection (Center and Harmon) — Staff recommends that this intersection remain as a two-way stop intersection. Even though the added traffic from the proposed development will likely reduce the level of service for north and south-bound lanes below an acceptable LOS "D" during the AM, school PM and typical PM peak hours, Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 3 of 48 the impact of the development on this intersection is relatively small. Furthermore, the north/south legs of this intersection handle the least amount of traffic between the two intersections. Staff is more concerned with maintaining service levels for Center Street, the primary east/west route that could be negatively impacted if the intersection was converted to a four-way stop condition. Additionally, the signalized intersection of Duncan and Center is just 300 feet to the east, creating an additional stop condition for east/west traffic. The applicant shall install crosswalks at the north, south and east legs of the intersection, and install lighted pedestrian warning signs, such as Rapid Flash Beacons or LED lighting embedded into the crosswalks. The crosswalk on Center Street shall be fitted with LED lighting to increase visibility. The final location and design shall be approved by city staff prior to construction plan approval. City staff will continue to closely monitor this intersection after development and will install additional traffic control devices if necessary. f. Street Repairs: The condition of the surrounding streets shall be cataloged before and after construction. Any damage to existing public infrastructure shall be repaired prior to occupancy permits. 1/3/12: THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE STREET IMPROVEMENTS. 2. Planning Commission determination of compliance with Urban Design Standards. Staff finds that the proposed structure meets for Urban Design Standards. 1/3/12: THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE DESIGN. 3. Planning Commission determination of a waiver from Chapter 166.13 Underground Utility Wires. The applicant is requesting approval to relocate existing overhead power lines and service lines from the west side of Duncan to the east side, as opposed to relocating these lines underground. Staff finds in favor of the request due to circumstances unique to this particular application. The existing overhead main line only serves the homes on the east side of Duncan, which have overhead service. Relocating the existing main line underground will still require power poles to be placed along Duncan Avenue to maintain overhead service to each home. This would meet the letter, but not the intent of the code. The applicant could potentially obtain permission from six different home owners to convert the electric service to their homes from overhead to underground, but this not required under the code and would be an undue hardship to the applicant. Further, each home owner would have to grant a utility easement across their front yard, and endure the installation of the new underground facilities. 1/3/12: THE SUBDIVISION COMMITTEE RECOMMENDED IN FAVOR OF THE REQUESTED VARIANCE. 4. The applicant shall pay parks fees in the amount of$74,360 for the proposed 175 units prior to the issuance of building permits. Credit may be applied for the existing on-site Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 4 of 48 residential dwelling units. 5. The final location of all access ramps shall be approved by the Engineering Department prior to construction plan approval. 6. The final location of all new light poles, traffic signals, traffic control boxes, and pedestrian signage shall coordinated with Transportation, Planning and Engineering staff during construction plan development and shall be approved prior to construction plan approval. In no case shall these items reduce the approved sidewalk widths. 7. The following revisions are required prior to building permit approval: a. Show location of improvements, including ADA access ramps on construction plans. b. The existing right-of-way for Center Street shall be clearly marked to ensure that at least 25' of right-of-way is being provided from centerline, as required by the Master Street Plan, or as necessary to allow all approved street improvements to occur. c. Relocate the transformer outside of the undeveloped right-of-way. d. Update building elevations to reflect Board of Adjustment conditions of approval. Standard conditions of approval: 8. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 9. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: AR Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications). 10. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, parking lot(s) and tree preservation. The information submitted for the plat review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with City's current requirements. 11. All exterior lights shall comply with the City lighting ordinance. Manufacturer's cut- sheets are required for review and approval prior to issuance of a building permit. 12. All mechanical/utility equipment (roof and ground mounted) shall be screened using materials that are compatible with and incorporated into the structure. A note shall be clearly placed on the plat and all construction documents indicating this requirement. 13. Trash enclosures shall be screened on three sides with materials complimentary to and compatible with the principle structure. Elevations of the proposed dumpster enclosure shall be submitted to the Planning and Solid Waste Divisions for review prior to building permit. Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 5 of 48 14. All freestanding and wall signs shall comply with ordinance specifications for location, size, type, number, etc. Any proposed signs shall be permitted by a separate sign permit application prior to installation. 15. All existing utilities below 12kv shall be relocated underground. All proposed utilities shall be located underground. 16. Large scale development shall be valid for one calendar year. 17. Prior to building permit, a cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy. 18. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits b. An on-site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance. c. Separate easement plat for this project that shall include the tree preservation area and all utility easements. d. Project Disk with all final revisions e. One copy of final construction drawings showing landscape plans including tree preservation measures submitted to the Landscape Administrator. f. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: O Tabled O Denied O Forwarded Meeting Date: January 14,2013 Motion: Second: Vote: Planning Commission January 14,2013 Agenda Item 4 LSD12-4275 West Center Page 6 of 48